Transcript The Bill of Rights

The Bill of
Rights
Chapter 19 and 20
CP Government
Liberties and Rights
Civil Liberties
Civil Rights
• Protection
against govt.
• You have
them
because of
“life”
The “rules” the
govt. uses to
protect your
liberties
Rights are Relative
• Rights usually conflict
• The government solves the
conflict/involved in morality
“Your rights end where another’s
begin”
Government ensures…
Tries to protect all citizens:
1. Health
2. Safety
3. Morals
4. General welfare
All laws take away some
freedom, right or liberty
14th Amendment
• Guarantees all rights are
given to all citizens all of the
time (equally)
The “due process” Amendment
Equal protection for all people
under the law
1st Amendment
1. Freedom of Religion
2. Freedom of Expression/Press
3. Freedom of Speech
4. The right to Assemble
5. Freedom of Petition
Religion
Exercise/
Establishment
Expression
Clause
• Can practice/
believe
• The govt.
whatever
should not
religion you
sponsor a
want
religion
Separation of Church and
State
• The government should be
neutral on religion
• Neither help/hurt any one
religion
Much grey area
Religious “Can’s”
• Can practice freely
• Can use schools after hours
for religion reasons
• Can give money to private
schools
• Have equal representations in
Christmas scenes
More Can’s
• Have a parade (with
permission)
• Use animal sacrifice
• Miss school w/out being truant
• Ministers can hold office
• Do not have to salute the flag
b/c of religious beliefs
Religious “Cant's”
• No written prayers in schools
• No Bibles in schools
• No 10 Commandments
• No moment of silence for
prayer
• Not take school vaccinations
for religious reasons (denied
admittance to school)
More Cant’s
• Have more than one spouse
• Take drugs
• Practice human sacrifice
• Dodge the draft
Speech/Press
• Speech and press go together
one being said the other
written
• Libel-written untruths
• Slander- spoken untruths
Have to prove malicious intent
Limits on free speech
• Seditious speech—urging other to
break a law (Sedition Act 1917)
• Prior restraint—stopping a story
before it is written (Top Secret)
• Confidentiality—reporters
protecting a source (Shield Law)
More limits
Obscenity
1. Lacks artistic value
2. Offends the average person
3. Violates an anti-obscenity
law
More limits
• Movies—ratings
• Radio/TV—free airwaves FCC
• Symbolic speech—saying it
with a sign/action (flag
burning)
• Commercial speech-advertising
Assembly
Time
Manner
Place
We have the general right to
association with some limits
Freedom to
Assemble/Petition
Follow the “P’s”
1. Peaceful reason
2. Permission/
Permit
3. Notify the Police
4. Public property
5. Not for illegal
reasons
Petition
Can ask the
government
for change
Referendums
Initiatives
2nd Amendment
Bear arms
NOT to own a gun/arm
yourself
Allows states to have a militia
Ohio National Guard
3rd Amendment
Quartering of Troops
Outdated-used in Colonial times
Never challenged in the courts
Military would use public
buildings not private homes
today
4th Amendment
• Searches and seizures
• Need “Probable Cause” and a
warrant from a judge to
search otherwise it is illegal
evidence and must be
excluded (Exclusionary
Rule)….unless…….
Exceptions to 4th
Amendment
Use of Illegal
Evidence
1. Inevitable
discovery
2. Good faith
3. Honest
mistake
4. Part of drug
test
Search w/o a
warrant
1. Area of arrest
2. Moveable
crime scene
(cars)
3. Emergency
4. Plain view
Terrorism
USA Patriot Act
• Allows searches w/o warrants
if the suspect is a “terrorist”
Wire taps, e-mail/computers,
banking, cell phones, credit
cards
School Searches
1. School rules apply over
government rules.
2. New Jersey Vs. TLO
“Reasonable Suspicion/Belief”
3. Can search you, your car, your
locker, your “stuff”
Bad Old Government
1. Habeas Corpus-unjust
arrests-explain why detained
2. Bill of Attainderpunishment without a trial
3. Ex Post Facto-applies new
law to prior event
5th Amendment
To stop habeas corpus, bills of
attainder and ex post facto laws
(Colonial times)
1.Indictments
4.Must get
from Grand
due process
Juries
before
losing rights
2.Double jeopardy
5.Eminent
3. Selfdomain
incrimination
Kinds of Due Process
Substantive
Procedural
The words of
The actions of
law. How they
the
are written
government/
police
6th Amendment
1. Speedy (100 days)
Trial
and public
Amendment
2. Tried where crime
• Rights in
was committed
3. Jury of peers
court
4. Informed of crime
5. Witnesses both
ways
6. Have a lawyer
7th Amendment
• Civil trials
Suits between people
Jury if you want
Small claims <$5,000
8th Amendment
Punishment
Bail
1. Cannot be
cruel
2. Not be
unusual
3. No excessive
fines
4. Death Penalty
1. Ensures you
return for trial
2. Must be fair
3. Can be denied
4. Get it back
after trial
9th Amendment
The right to privacy/you to be
you
Other rights not listed in the
other 8
Abortion
Same sex issues
10th Amendment
• Reserved powers to the
states
• If the Fed does not have it,
the states do
• Somewhat untrue today (Fed
has most powers)
13th Amendment
• No “involuntary” servitude
(slavery)
Considered a part of the Bill of
Rights along with the 14th
Amendment